From April 6, an Apprenticeship Agreement is required at the start of the Apprenticeship for all new apprentices. This requirement for an Apprenticeship Agreement between an employer and an apprentice is enforceable under the Apprenticeships, Skills, Children and Learning Act 2009 (Sections 32-36).
Jack Kerr, senior business manager at Pearson Work Based Learning UK, said: “This new regulation fits well with our philosophy that every Apprenticeship should be underpinned by a well-structured and focused induction phase. We have built the Apprenticeship Agreement into the WorkSkills programme that is available free of charge to all BTEC Apprenticeship providers, and believe that the principles behind the new regulation are extremely positive.”
The Agreement must state that the apprentice will be undertaking an Apprenticeship in a particular skill, trade or occupation. It can be in the form of a written statement of particulars under the Employment Rights Act 1996, or a document in writing in the form of a contract of employment or a letter of engagement, where the employer’s duty under the Employment Rights Act 1996 is treated as met. Please note that the agreement does not need to be produced by a law firm.
Existing and new contracts of employment between the apprentice and the employer which meet the Employment Rights Act 1996 will also meet the Apprenticeship Agreement requirements, provided they include a statement setting out the skill, trade or occupation linked to a relevant recognised English framework, issued by the appropriate Issuing Authority, for which the apprentice is being trained and is explicit.
“The formalisation of the agreement provides both apprentices and employers with a solid platform on which to build their relationship. Getting things right from the start is crucial, as it gives the entire programme a very good grounding and provides stability and clarity to the responsibilities of both parties,” Kerr said.
“For some learning providers, this may appear to constitute more paperwork and hassle. For our providers, however, this will fit naturally, as we had effectively introduced the process prior to it becoming a legal requirement through our WorkSkills Award.”
To find out more about our BTEC Apprenticeships and the WorkSkills award visit www.btecapprenticeships.com, talk to your Pearson Work Based Learning Account Manager or contact us.